After The Appeal
RCW 10.73.090 — one year after the judgment becomes final, for any collateral attack
One year. No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final, if it is valid on its face and was rendered by a court of competent jurisdiction.
What counts. A collateral attack is any form of postconviction relief other than a direct appeal, including a personal restraint petition, a habeas corpus petition, and a motion to vacate judgment, to withdraw a guilty plea, for a new trial, or to arrest judgment.
When it becomes final. The last of the date the judgment is filed with the trial court clerk, the date an appellate court issues its mandate on a timely direct appeal, or the date the United States Supreme Court denies a timely petition for certiorari.
- Newly discovered evidence, if the defendant acted with reasonable diligence in discovering it and filing.
- The statute of conviction was unconstitutional on its face or as applied.
- The conviction was barred by double jeopardy.
- The defendant pleaded not guilty and the evidence at trial was insufficient.
- The sentence was in excess of the court's jurisdiction.
- A significant change in the law, material to the conviction or sentence, that applies retroactively.
Those are among the grounds to which the one year limit does not apply, when the petition rests solely on them.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed Washington attorney.
Sources for this section (2)
- RCW 10.73.090 — Collateral attack; one year time limit
- RCW 10.73.100 — Collateral attack; when one year limit not applicable
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.